OKC News

<<Back to List

Judge releases McCarty; rips former chemist

Friday, May 11, 2007
By Scott Cooper

McCarty-Release-Close-Up.jpgAfter sitting for nearly 20 years on death row for the 1982 murder of Pamela Kaye Willis, Curtis Edward McCarty is now a free man.

 

Judge Twyla Mason Gray said during today’s hearing she believes that McCarty was involved in the murder but because of the actions of former Oklahoma City police chemist Joyce Gilchrist, she could not let this case go forward.

 

“Joyce Gilchrist said she found a coup de gras but what she really found was a way to undermine everything I believe in,” Gray said. “I want to know, where is Joyce Gilchrist and why isn’t she in prison?”

 

INCONCLUSIVE RESULTS

Gray was clearly torn on a decision after a three-hour hearing Thursday afternoon. Returning from a 30-minute recess to render a decision, Gray said she needed more time to research the law and would announce her verdict Friday morning.

 

Her remarks at the time indicated problems for the prosecution.

 

“I'm very troubled with this case,” Gray said from the bench. “Twice this case has been reversed because of state misconduct. I really don't know what the answer is.”

 

McCarty's attorneys had refiled a motion to dismiss after results from DNA testing were confirmed on Wednesday. An independent New Orleans lab found the major DNA component on fingernail clippings taken from the victim was not a match to McCarty, but results for the minor male component were inconclusive.

 

CALL FOR DISMISSAL

Attorney Colin Starger from the New York-based Innocence Project flew to Oklahoma City to personally make the argument for dismissal. The organization, which works to help exonerate people wrongly convicted, paid for part of the testing.

 

Starger told Gray the case should be dismissed because of the history of the prosecution toward McCarty. The first two convictions McCarty received for the murder were both thrown out by the Oklahoma Court of Criminal Appeals due to prosecutorial misconduct.

 

“The state shouldn't get three bites at the apple when the first two were tainted,” Starger said.  —Scott Cooper

 

Judge: McCarty test results expected next week
McCarty submits additional DNA sample
Key evidence in McCarty case does not match defendant

14 Comment(s):

Unbelievable.

Gray asks the right question, doesn't she? **Gorilla
5/11/2007 10:33 AM | BadGorilla

Long Time Coming

Can you believe this after 23 years!!!! His mother is my sis and she has been thru so much. Not to be able to touch your child in all those years not a hug not a peck on the cheek. A sadnes in her eyes that never goes away not to mention the literal heartache you feel about this whole situation. My heart is singing for Eddie and my sister i am elated that the right thing has finally been done it should have happened alot sooner but how grateful I am that the right thing has finally been done. Live on nephew be free be happy!!! We all Luv U!!! p.s. Never think that it couldn't happen to your family. The police can do anything they want and pretty much with no consequences.
5/11/2007 12:45 PM | sharlajhoe

BadG

I always surprises me when you're right, but in this case you and Gray are exactly right.
5/11/2007 12:14 PM | MCYD

peevish

"If you're rich it doesn't matter how guilty you are, you can avoid getting fried. If you're poor you'll get railroaded right into that chair. It's a 2-tiered justice system."--Howard Stern in "Miss America"
5/14/2007 8:32 AM | peevish

Justice long overdue

Thank you Gazette and Scott Cooper for continuing to cover this case when the other newspapers of the State gave up on the issues involved. Keep up the good work!
5/14/2007 8:32 AM | pigsflyokc

MCYD...me too.

I am often surprised when I'm right and these days, I am in a constant state of surprise. But before we all start kissing each other on the mouth too deeply, the question still remains as to just what is taking place in the Gilchrist case(s). When will her trial date begin? ***Gorilla
5/14/2007 10:45 AM | BadGorilla

Just When I had Given Up

Just when I had given up, God gave me a sign that sometimes justice does prevail. It may not be what I would have wished, but Eddie is home with his family after many hard years and that is what counts. If I had my druthers Joyce Gilchrist and Bob Macy would be behind bars for ruining many peoples lives. The general public doesn't realize how devastating it can be to have someone accused and tried by monsters such as these. And it could happen to ANYONE. I better go for now, because I could get started and not stop for hours. Thank you Scott Cooper for your articles they have been the most fair and factual and it has been appreciated. **iamreal**
5/14/2007 12:02 PM | iamreal

investigating gilchrist

In response to bad gorilla's comment about gilchrist, that is the next turn in this story. There were several investigations taking place at the time the Gilchrist story first broke in 2001. The FBI, OSBI, attorney general's office and Oklahoma City police and the DA's office were conducting investigations. Several people now want to know what happened with those investigations. That is the follow up. Scooper
5/14/2007 3:23 PM | scooper

May never uncover everything

Unfortunately, the truth about how far the corruption went may never be completely uncovered. Some of the key players, especially in Mr. McCarty's case, are no longer with us. I doubt seriously the problems with some of the prosecutions can rest solely on the shoulders of Ms. Gilchrist. The sad fact is she has become the scapegoat, although she is very culpable in her own right.
5/15/2007 10:48 AM | pigsflyokc

GILCREST

This will never be over and justice will never be served, the statues of limitations has expired funny huh, being the new da was on the investigation team from my understanding, the papers have made Curtis out to be a monster, but they need to tell the truth for once in there life, they may find God might be willing to forgive them, (doubtful). There star witness said this was an injustice, if we placed people in prison for HERE SAY we really would have an over crowded prison system. Star witness apparently did not hear the news that the DNA NONE OF THIS MATCHED "NONE" ms educated parks,
5/15/2007 11:54 AM | lookfromtheoutside

injustice, even when justice is served

It is past time for those who are strong supporters of capital punishment to take a look at what a "rush tojsutice" can do. In McCarty's case, even though the DNA belongs tosomeone else, we still have public figures saying "he must have been apart." On what grounds do they reach those conclusions? Enough is enough. Eddie McCarty has already lost HALF of his life to date. Why? Because there were public officials who did not like his lifestyle.
5/15/2007 1:24 PM | mamacat81

It still is BS!!!

22 yrs in 5x7! What now? Sue their ass. He was innocent back then as he is today. Macy, Gilchrist and OKCPD all knew it. I definately knew it. I told them that. Eddie gave samples within 1-3 days of Pam's God awful death. He was totally cleared. Why all of a sudden 4 yrs later. Friday evening (5/18)in the News, Police Chief Citty was outed by Eddie's attorney on TV about his part in it. Citty said the Witness lied about harrassing her and trying to get her to change her story. He was a detective then. How do u think he made it to P.C? DUH! Yeah, Media he is really going to say he did tried to get her to change her story and harrassed her along w/Asst DA Barry threatening her and trying to get the witness fired. They are the LIARS. It all was and still is TRUE. Where is my interview. I am not news like the Chief. How do I know? I am. THE WITNESS
5/21/2007 4:42 PM | VAUGHNTASTIC

Ethics

Gilchrist,incomptence,dishonesty,a thief of the future. The question is how many lives and futures has this liar stolen. And how can she be made to pay for it. Also how many of these high moral law leaders are also involoved, (Macy,Lane, is but 2 that come to mind). And how much incomptence do we allow in this field, all in the name of opportunity.
6/4/2007 9:13 AM | chrisnokc

Who killed Pamela Kaye Willis?

That's our important question. Everybody always seems to forget the victim. Yes, and for the bleeding hearts, Ms. Willis is/was our victim. Ms. Willis lost her life. McCarty is still alive. If McCarty has been released and found innocent, we still have Ms. Willis's killer somewhere in our world. Who killed Ms. Willis? Has OKCPD re-opened the investigation? How about trying to figure out McCarty's involvement: "Judge Gray....believes that he (McCarty) was involved in the murder....." Was McCarty an accessory? Does McCarty know the killer's identity? Was McCarty a witness? It's great that an unjustly imprisoned man was released but we still have an unsolved murder and an unpunished killer here, people.
8/15/2007 2:22 PM | KDBP1213

Leave Your Comment

Please login.